A zoning ordinance is a living document, which means that it must evolve to changes within the community and outside of the community—such as amendments in planning law. Amending a zoning ordinance means the community is modernizing its policy to reflect the changing needs and desires of the community. Furthermore, a zoning ordinance is the primary tool to implement the master plan. Zoning ordinances are encouraged to be amended so they match the vision of the master plan.

(Ord. of 11-13-2023)

The city council may amend, supplement, or change the regulations of this zoning ordinance pursuant to the Michigan Zoning Enabling Act (PA 110 of 2006), as amended.

(Ord. of 11-13-2023)

Zoning amendments come in one of two forms: zoning text amendments and zoning map amendments. Simply put, a zoning amendment is a change made to a specific section of a zoning code, or area on a zoning map, without requiring a complete rewriting of the zoning code.

A)

Text amendment. A zoning text amendment will rewrite a section of a zoning code that applies to every use permitted in the district, writing the rezoning of land into the zoning code, or by revising specific policy language in the zoning code. Examples of text amendments are changing the list of uses permitted in any zoning district; changing the setback required for a building; or changing the permitted size for signs.

1)

Amendment request. Requests may be initiated by the city council, planning commission, or any interested person or organization.

B)

Map amendment. A zoning map amendment changes the zoning district on a particular property or collection of properties. A zoning map amendment may be the result of a conditional re-zoning. An example of a zoning map amendment is changing the parcel from a residential district to a commercial district. Another example of a map amendment is changing the zoning of a parcel via a conditional re-zoning. Conditional rezoning is where an applicant wishes to petition to change the zoning of a parcel(s), with conditions. To reduce controversy or concerns regarding the rezoning request, the applicant might volunteer to offer conditions that restrict the use of the parcel(s). For example, an applicant wants to open an ice cream store in a residential district, so they need to rezone their parcel to a commercial zone. To avoid allowing all types of commercial uses on that parcel, the applicant submits a condition that only ice cream stores can operate on that parcel. If the zoning amendment is approved something like a deed restriction is placed on the parcel so that only the restricted uses are possible to occur on the parcel. Only applicants can voluntarily offer conditions; the city is prohibited from requiring conditions.

1)

Amendment request. Requests may be initiated by the city council*, planning commission*, or the owner(s) of the premises concerned, or by the designated agent of a person having a freehold interest in the property. *Conditional re-zonings may only be initiated by the owner or designated agent of the property of interest.

(Ord. of 11-13-2023)

In considering any amendment, the planning commission and city council must consider the following criteria. The city may consider other factors that are applicable to the application, but not listed below.

A)

Consistency with plans. Consistency with the goals, policies and objectives of Eastpointe's master plan and other city or regional planning documents. If conditions have changed since the master plan was adopted, consistency with recent development trends in the area may be considered.

B)

Consistency with ordinance. Consistency with the intent and purpose of Eastpointe's zoning ordinance.

C)

Compatibility with the street system. The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district.

D)

Sufficient public utilities and services. The capacity of the city's utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety, and welfare of Grosse Pointe Park.

E)

Additional criteria for a map amendment. If a map amendment (rezoning) is requested, the following criteria also applies:

1)

Compatibility with built form. Compatibility of the site's physical, hydrological, and environmental features with the uses permitted in the proposed zoning district.

2)

Compatibility with uses. Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, density, nature of use, traffic impacts, aesthetics, and infrastructure.

3)

Compatibility with zoning district. The requested zoning district will be compatible in relationship to surrounding zoning districts, and future construction can meet the dimensional regulations for the requested zoning district.

4)

Map amendment preferred. If requested to allow for a specific use, rezoning the land is more appropriate than amending the list of permitted or special land uses in the current zoning district to allow the use.

5)

Spot zoning. Will not create an isolated or incompatible zone in the city.

(Ord. of 11-13-2023)

A)

Application for rezoning. An application for an amendment to the text or map of this zoning ordinance is initiated by submitting an application on the forms provided by the city and accompanied by the fees specified. The completed application shall be signed by the property owner. Applications will not be processed unless they are complete and unless all fees are paid in accordance with the schedule of fees adopted by the city council.

The application must clearly describe the proposed amendment and signed by the applicant. Applications for rezoning of a specific site must be accompanied by a survey which specifies the boundaries and legal description of the site. The city may request additional information with the application. The applicant may request that the proposed text amendment be drafted by the city, in pursuit of a clearly stated policy goal requested by the applicant and accompanied by specified fees.

B)

Required information.

1)

Text amendment. An application for text amendment shall include the existing ordinance language to remain, the existing ordinance language to be deleted and the proposed new ordinance language. The proposed changes shall be easily discernible from each other using various types of font enhancements.

2)

Map amendment. Petitions for property rezoning of a specific site shall be accompanied by a plot plan or survey and shall contain the following information:

a)

Applicant's name, address, and telephone number.

b)

Scale, north point, and dates of submission and revision.

c)

Zoning classification of petitioner's parcel and all abutting parcels.

d)

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 100 feet of the site.

e)

Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys.

f)

Location of existing drainage courses, floodplains, and natural features.

g)

All existing and proposed easements.

h)

Location of all existing and proposed utilities.

C)

Technical review. Text amendments and amendments to the official zoning map (i.e., property rezonings) may be forwarded to the planner for review to determine compliance with the city master plan and applicable ordinance standards for approval. For amendment applications determined not to contain all required information, the applicant may be required to complete revisions and re-submit the application for further review prior to final action.

(Ord. of 11-13-2023)

After the completed petition and all required supporting materials have been received and fees paid, the petition will be placed on the next regularly scheduled meeting of the planning commission.

A)

Public hearing required. Prior to making a recommendation and as a part of completing a review and study of a text amendment or property rezoning, the planning commission shall hold a public hearing in accordance with the procedures of PA 110 of 2006 (MCL 125.3101 et seq.), as amended.

1)

Map rezoning request of ten properties or less. For amendments to the official zoning map, if an individual property or ten or fewer adjacent properties are proposed for rezoning, the planning commission shall fix a reasonable time for the hearing of the rezoning request and a notice that a request has been received shall be published in a newspaper that circulates in the city, and sent by mail to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shall be given not less than 15 days before the date the application will be considered.

2)

Map rezoning request of 11 properties or more. For amendments to the official zoning map, if 11 or more adjacent properties are proposed for rezoning, the planning commission shall fix a reasonable time for the hearing of the rezoning request and a notice that a request has been received shall be published in a newspaper which circulates in the city. The notice shall be published not less than 15 days before the date the application will be considered.

B)

Planning commission recommendation. After the public hearing, the planning commission shall review the proposed amendment, together with any reports and recommendations from staff, consultants, and any public comments. The planning commission shall identify and evaluate all factors relevant to the petition, including the appropriate criteria listed in this article, and shall report its findings and recommendation to the city council.

C)

City council action. Upon receipt of the report and recommendation from the planning commission, the city council may approve or deny the proposed amendment. If determined to be necessary, the city council may refer the amendment back to the planning commission for further consideration. In the case of an amendment to the official zoning map, the city council shall approve or deny the amendment, based upon its consideration of the criteria contained herein this section. If the city council denies the re-zoning application, they must provide grounds for denial to the applicant during the meeting.

D)

Protest petition. An amendment to the official zoning map is subject to a protest petition in accordance with section 403 of the Michigan Zoning Enabling Act, PA 110 of 2006 (MCL 125.3101 et seq.) as amended. The protest petition shall be presented to the city council before final legislative action on the amendment, and shall be duly signed by the owners, or part owners, of 20 percent of the land proposed to be altered, or by the owners of at least 20 percent of the area of land included within the area extending outward 100 feet from any point on the boundary of the land included in the proposed change. Publicly owned land shall be excluded in calculating the 20 percent land area. If a protest petition is filed that meets the criteria outlined above, approval of the property rezoning shall require a two-thirds affirmative vote of the city council.

(Ord. of 11-13-2023)

A)

Petitions previously denied. Whenever an application for an amendment to this ordinance has been denied by the city council, a new application for the same amendment shall not be accepted by the planning commission for consideration for a period of one year from the date of denial, unless the planning commission determines that one or more of the following conditions has been met:

1)

There is a substantial change in circumstances relevant to the issues or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application.

2)

New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed.

3)

The new application is materially different from the prior application.

B)

Notice and record of amendment adoption.

1)

Adoption. Following adoption of an amendment by the city council, a notice of adoption must be filed with the city clerk and published in a newspaper of general circulation within 15-days after adoption, in accordance with the Michigan Zoning Enabling Act (PA 110 of 2006), as amended. The notice must include the following information:

a)

In the case of a newly adopted zoning ordinance, the following statement: "A zoning ordinance regulating the development and use of land has been adopted by the City of Eastpointe."

b)

In the case of an amendment to the existing zoning ordinance, either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.

2)

Records. A record of all amendments and the zoning map must be maintained by the city.

(Ord. of 11-13-2023)

A)

Intent. The city recognizes that, in certain instances, it would be advantageous to both Eastpointe and to a property owner seeking rezoning, if the property owner proposes certain conditions and limitations as part of their rezoning petition. Therefore, the city provides a process consistent with the provision of section 405 of the Michigan Zoning Enabling Act (PA 110 of 2006), as amended, to permit property owners to offer conditions regarding a use and/or development of land as part of the rezoning request. A conditional rezoning is intended to accomplish, among other things, the objectives of the zoning ordinance and the master plan.

B)

Definitions. The following definitions apply in the interpretation of this section:

1)

Applicant means the property owner, or a person acting with the written and signed authorization of the property owner to make application under this section.

2)

Conditional rezoning agreement (CRA) means a written agreement approved and executed by the city and property owner setting forth the conditions attached to the rezoning pursuant to Michigan Zoning Enabling Act (PA 110 of 2006), as amended, and any other terms mutually agreed upon by the parties relative to land for which the city has approved a conditional rezoning.

3)

Conditional rezoning plan means a plan of the property, which is the subject of a conditional rezoning, with conditions, prepared by a Michigan licensed civil engineer or architect, that may show the location, size, height, design, architecture, or other feature for and/or of buildings, structures, improvements, and features on, and in some cases adjacent to, the property. The details to be offered for inclusion within the conditional rezoning plan are determined by the applicant, subject to approval of the city council after recommendation by the planning commission.

4)

Rezoning conditions means conditions regarding the development and use of property proposed by the applicant and approved by the city.

5)

Rezoning means the amendment of this zoning ordinance to change the zoning map classification on property from its existing district to a new district classification.

C)

Authorization and eligibility.

1)

The standards of this section grant an applicant the option of voluntarily proposing conditions for the development and use of property in connection with the submission of a rezoning petition. Such conditions may be proposed at the time the application for rezoning is filed, or at a subsequent point in the process of review of the proposed rezoning.

2)

To be eligible for consideration, an applicant must propose a rezoning of property to a new zoning district classification, and must, as part of such proposal, voluntarily offer certain site-specific conditions (to be set forth in a conditional rezoning agreement) that are stricter or limiting than the regulations that would apply to the land under the proposed new zoning district. Such conditions may include, but are not limited to, the following:

a)

The location, size, height, or other measure for and/or of buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture, and other physical features of the proposed development.

b)

Specification of maximum density or intensity of development and/or use (i.e., units per acre, maximum usable floor area, or hours of operation).

c)

Preservation of open space and/or natural features.

d)

Improvements to address traffic issues, including paving, and/or substantial improvements to or funding of improvements to roads to the benefit of the entire city.

e)

Site improvements such as signage, lighting, landscaping, and exterior building materials, above and beyond what would otherwise be required.

f)

Limitations on permissible uses of the property.

g)

Any other conditions that are voluntarily proposed by the applicant.

D)

Review criteria. A conditional rezoning may only be approved if it meets the following criteria:

1)

General standards. All criteria listed in "approval standards" section above.

2)

Conforms with the zoning district requirements. The use of the subject property is in conformity with all regulations governing development and use within the proposed zoning district, including, without limitation, permitted uses, lot area and width, setbacks, height limits, buffers, open space, and density; provided, however, the following apply:

a)

Development and use of the property is subject to the more restrictive requirements shown or specified in the conditional rezoning agreement and supersedes all inconsistent regulations otherwise applicable under the zoning ordinance.

b)

City council is authorized to grant modifications to the strict terms of the zoning ordinance governing dimensional requirements on the property; provided, such authorization to grant modifications is conditioned upon the city council finding that each zoning ordinance provision sought to be modified will result in an enhancement of the development that is in the public interest, and that approving the modification is consistent with the master plan and with the surrounding area.

3)

Improves community. Conditional rezoning results in an enhancement to the subject area, as compared to the existing zoning, and such an enhancement would be unlikely to be achieved or would not be assured in the absence of the use of conditional rezoning.

4)

Serves public interest. As compared to the existing zoning and considering site-specific conditions and/or the proposed land uses, it is in the public interest to grant a conditional rezoning. In determining whether a proposed application is in the public interest, the benefits which would reasonably be expected to accrue from the proposal must be balanced against and be found to clearly outweigh the reasonably foreseeable detriments, taking into consideration best practices in planning, engineering, environmental and other principles.

5)

Enforceable conditions. The offered condition(s) are likely to be enforceable.

6)

Use variance prohibited. Does not have the same effect as a use variance.

7)

Site plan and special land use approvals required. Does not relieve the applicant of the responsibility of securing any applicable site plan, plat, or condominium approvals. Special land use approvals, if permitted as part of the conditional rezoning agreement (CRA), do not have to be separately considered, noticed, and approved.

E)

Effect of approval. Approval of the conditional rezoning confirms only the rezoning of the property, subject to any conditions reflected in the conditional rezoning agreement. Any applicable site plan, plat, condominium, or variance approvals is required before any improvements to the property may be undertaken.

If approved, the zoning district classification of the subject property must consist of the district to which the property has been rezoned, accompanied by a reference to "CR, conditional rezoning". The zoning map must specify the new zoning district, plus a reference to "CR". Use of the property classified and approved must comply with the conditions set forth in the CRA. No development or use of the land inconsistent with the CRA is permitted.

F)

Compliance.

1)

Any person who establishes a development or commences a use upon land that is conditional rezoned must continuously operate and maintain the development or use in compliance with all of the conditions set forth in the conditional rezoning agreement. Failure to comply constitutes a violation of this zoning ordinance and deemed a nuisance per se and subject to judicial abatement as provided by law.

2)

No permit or approval may be granted under this zoning ordinance for any use or development that is contrary to an applicable conditional rezoning agreement.

G)

Period of approval.

1)

Conditional rezoning approval expires one year from the effective date of the rezoning, unless substantial progress towards obtaining site plan and other required approvals has been made and expires two years from the effective date of the rezoning, unless development of the property is substantially started and proceeds diligently and in good faith as required by the zoning ordinance to completion.

2)

In the event substantial progress towards obtaining site plan and other required approvals has not commenced within one year and bona fide development has not commenced within two years from the effective date of the rezoning, the conditional rezoning and agreement is void and of no effect.

3)

The applicant may apply for a one year extension. The request must be submitted to the city in writing before the approval time limit expires. The applicant must demonstrate why an extension should be granted and that there is a strong likelihood that the development or use will commence within the period of extension and proceed diligently to completion.

4)

An extension request may be considered by the city council following a recommendation by the planning commission.

5)

If the conditional rezoning becomes void in the manner provided in this section, the following procedures apply:

a)

The applicant may seek a new rezoning of the property within 30 days of the expiration of the period of approval.

b)

If no application is made for a new rezoning of the property, the land reverts to its former zoning classification.

H)

Conditional rezoning agreement requirements. A conditional rezoning agreement (CRA) must be executed between the applicant and the city at the time of city council approval, and at a minimum, contain the following:

1)

Identification of the requested zoning district and a listing of the conditions offered by the applicant.

2)

A statement acknowledging that the conditional rezoning was proposed by the applicant, and further agreement and acknowledgment that the conditions and agreement are authorized by all applicable state and federal law and constitution, and that the agreement is valid and was entered into on a voluntary basis and represents a permissible exercise of authority by the city.

3)

Agreement and understanding that the subject property cannot be developed or used in a manner inconsistent with the CRA.

4)

Agreement and understanding that the approval and CRA is binding upon and to the benefit of the property owner and city, and their respective heirs, successors, assigns, and transferees.

5)

The date upon which the conditional rezoning becomes void. If the city council grants an extension of approval, a new conditional rezoning agreement with the new expiration date must be recorded.

6)

Agreement and understanding that each of the requirements in the CRA represents a necessary and reasonable measure which, when considered with all other conditions and requirements, is roughly proportional to the increased impact created by the use represented in the approved conditional rezoning, taking into consideration the changed zoning district classification and the specific use authorization granted.

7)

A legal description of the subject property.

8)

Development regulations impacted by the conditional rezoning, including but not limited to density, setbacks, height, site coverage, signs, parking, architecture, etc.

9)

Revocation of approval provisions returning the property to its original zoning designation if the applicant violates the terms of the conditional rezoning agreement.

10)

A conditional rezoning plan may be included as an exhibit to the agreement and may show the conceptual layout of the proposed development or use, along with any other information deemed relevant by the applicant. Inclusion of such a plan as an exhibit shall not replace the requirement for site plan, subdivision, condominium, or variance review and approval.

I)

Amendment of a conditional rezoning agreement. Amendment of a CRA must be submitted, reviewed, and approved in the same manner as a new conditional rezoning application.

J)

Recordation of a conditional rezoning agreement. A conditional rezoning becomes effective following publication in the manner provided by law, and, after recordation of the conditional rezoning agreement with the Macomb County Register of Deeds.

K)

Termination. City council is the only body with the authority to terminate a CRA. The consideration to terminate the agreement must be for reasons of expiration of the agreement, discovery of false information upon which the initial approval was based, or the existence or discovery of new information that alters the viability of the approved rezoning. The termination must comply with any applicable provisions of this zoning ordinance and/or the CRA.

(Ord. of 11-13-2023)